(a)To become licensed as a real estate inspector or
professional inspector, a person must satisfy:
(1)the education and experience requirements outlined
in §1102.108 and §1102.109 of Chapter 1102; or
(2)the education requirements outlined in §1102.108
and §1102.109 of Chapter 1102 and the substitute experience requirements
established by the Commission pursuant to §1102.111 in subsection
(f) or (g) of this section.
(b)A person may satisfy the 90-hour education requirement
for licensure as a real estate inspector pursuant to subsection (a)(1)
or (2) of this section by completing the following coursework:
(1)10 hours in foundations;
(2)8 hours in framing;
(3)10 hours in building enclosure;
(4)10 hours in roof systems;
(5)8 hours in plumbing systems;
(6)10 hours in electrical systems;
(7)10 hours in heating, ventilation, and air conditioning
systems;
(8)8 hours in appliances;
(9)4 hours in Texas Standards of Practice;
(10)4 hours in Texas Standard Report Form/Report Writing;
and
(11)8 hours in Texas Legal/Ethics.
(c)A [Effective January 1, 2013, a]
person may satisfy the 130-hour education requirement for licensure
as a professional inspector pursuant to subsection (a)(1) or (2) of
this section by completing the following coursework:
(1)the courses required for licensure as a real estate
inspector in subsection (b) of this section;
(2)8 additional hours in Texas Standard Report Form/Report
Writing;
(3)8 additional hours in non-elective coursework
in legal, ethics, SOPs, and report writing [Texas Standards
of Practice /Legal/Ethics Update] as defined in §535.218
of this title [(relating to Continuing Education)]; and
(4)24 additional hours in any core inspection subject(s).
(d)For the purpose of measuring the number of inspections
required to receive a license or to sponsor apprentice inspectors
or real estate inspectors, the Commission considers an improvement
to real property to be any unit capable of being separately rented,
leased or sold, subject to the following restrictions:
(1)An inspection of an improvement to real property
that includes the structural and equipment/systems of the unit constitutes
a single inspection.
(2)Half credit will be given for an inspection limited
to structural components only or to equipment/systems only.
(3)No more than 80% of the inspections for which experience
credit is given may be limited to structural components only or to
equipment/systems components only.
(4)A report addressing two or more improvements is
considered a single inspection.
(5)The Commission may not give experience credit to
the same applicant or professional inspector for more than three complete
or six partial inspections per day. No more than three applicants
may receive credit for the inspection of the same unit within a 30
day period, and no more than three apprentice inspectors may receive
credit for an inspection of the same unit on the same day.
(e)For the purpose of satisfying any requirement that
an applicant hold a license for a period of time in order to be eligible
for a license as a real estate inspector or professional inspector,
the Commission shall not give credit for periods in which a license
was on inactive status. An applicant for a real estate inspector license
must have been licensed on active status for a total of at least three
months within the 12 month period prior to the filing of the application.
An applicant for a professional inspector license must have been licensed
on active status for a total of at least 12 months within the 24 month
period prior to the filing of the application.
(f)A [Effective January 1, 2014, a]
person may satisfy the substitute experience requirements for licensure
as a real estate inspector pursuant to subsection (a)(2) of this section
as follows:
(1)A person who does not have two years of experience
as an architect, engineer, or engineer-in-training must:
(A)complete a total of 32 additional hours of core
inspection coursework, which must include the following:
(i)8 hours in Texas Standard Report Form/Report Writing;
(ii)8 hours in non-elective coursework in legal,
ethics, SOPs, and report writing [Texas Standards of Practice
/Legal/Ethics Update] as defined in §535.218 of this title;
(iii)16 hours in any core inspection subject(s); and
(B)either:
(i)complete 20 hours of field work through ride along
inspection course sessions as defined in §535.218 of this title,
except there may be up to 10 students per session and 12 hours of
an approved interactive experience training module;
(ii)complete 8 hours of field work through ride along
inspection course sessions as defined in §535.218 of this title,
except there may be up to 10 students per session and 30 hours of
an approved interactive experience training module; or
[(iii)upon delivery of a Commission
approved affidavit form that the applicant is unable to reasonably
complete clause (i) or (ii) of this subparagraph, complete 60 hours
of an approved interactive experience training module presented by
a licensed professional inspector; or]
(iii)[(iv)] have three years
of experience in a field directly related to home inspection, including
but not limited to installing, servicing, repairing or maintaining
the structural, mechanical and electrical systems found in improvements
to real property and provide two affidavits from persons who have
personal knowledge of the applicant's work, detailing the time and
nature of the applicant's relevant experience.
(2)A person who has at least two years of experience
as an active practicing licensed or registered architect, professional
engineer, or engineer-in-training must:
(A)complete a total of 16 additional hours of core
inspection coursework, which must include the following:
(i)8 hours in Texas Standard Report Form/Report Writing;
and
(ii)8 hours in non-elective coursework in legal,
ethics, SOPs, and report writing as defined in §535.218 of this
title [Texas Standards of Practice /Legal/Ethics Update];
and
(B)submit a license history from the regulatory agency
that issued the license or registration documenting the period of
practice as a licensed or registered architect, professional engineer,
or engineer-in-training.
[(3)Subsection (f)(1)(B)(iii) of
this section will only be accepted to satisfy the substitute experience
requirement if completed prior to March 1, 2015.]
(g)A [Effective January 1, 2014, a]
person may satisfy the substitute experience requirements for licensure
as a professional inspector pursuant to subsection (a)(2) of this
section as follows:
(1)A person who does not have three years of experience
as an architect, engineer, or engineer-in-training must:
(A)complete a total of 200 additional hours of core
inspection coursework, which must include the following:
(i)30 hours in foundations;
(ii)30 hours in framing;
(iii)24 hours in building enclosure;
(iv)24 hours in roof systems;
(v)16 hours in plumbing systems;
(vi)24 hours in electrical systems;
(vii)24 hours in heating, ventilation, and air conditioning
systems;
(viii)6 hours in appliances;
(ix)8 hours in non-elective coursework in legal,
ethics, SOPs, and report writing [Texas Standards of Practice
/Legal/Ethics Update;] as defined in §535.218 of this title;
(x)8 hours in Standard Report Form/Report writing;
and
(xi)6 hours in any core inspection subject(s); and
(B)either:
(i)complete 40 hours of field work through ride along
inspection course sessions as defined in §535.218 of this title,
except there may be up to 10 students per session and 24 hours of
an approved interactive experience training module;
(ii)complete 16 hours of field work through ride along
inspection course sessions as defined in §535.218 of this title,
except there may be up to 10 students per session and 60 hours of
an approved interactive experience training module;
[(iii)upon delivery of a Commission
approved affidavit form that the applicant is unable to reasonably
complete clause (i) or (ii) of this subparagraph, complete 60 hours
of an approved interactive experience training module presented by
a licensed professional inspector; or]
(iii)[(iv)] have five years
of experience in a field directly related to home inspection, including
but not limited to installing, servicing, repairing or maintaining
the structural, mechanical and electrical systems found in improvements
to real property, and provide two affidavits from persons who have
personal knowledge of the applicant's work, detailing the time and
nature of the applicant's relevant experience.
(2)A person who has at least three years of experience
as an active practicing licensed or registered architect, professional
engineer, or engineer-in-training must:
(A)complete a total of 16 additional hours of core
inspection coursework, which must include the following:
(i)8 hours in Texas Standard Report Form/Report Writing;
and
(ii)8 hours in non-elective coursework in legal,
ethics, SOPs, and report writing [Texas Standards of Practice
/Legal/Ethics Update] as defined in §535.218 of this title;
and
(B)submit a license history from the regulatory agency
that issued the license or registration documenting the period of
practice as a licensed or registered architect, professional engineer,
or engineer-in-training.
[(3)Subsection (g)(1)(B)(iii) of
this section will only be accepted to satisfy the substitute experience
requirement if completed prior to March 1, 2016.]
(h)For purposes of this section:
(1)"core inspection coursework" means course work
on the subject matters listed in §535.213(e) of this title; and
(2)"interactive experience training module" means
education that provides regular and substantive interaction between
the students and the instructor, either synchronously or asynchronously,
and is delivered:
(A)in-person to students in the classroom; or
(B)through the use of one or more of the following
technologies:
(i)the internet;
(ii)one-way and two-way transmissions through open
broadcast, closed circuit, cable, microwave, broadband lines, fiber
optics, satellite or wireless communications devices;
(iii)audio conferencing; or
(iv)video cassettes, DVDs, and CD-ROMs, if the cassettes,
DVDs, or CD-ROMs are used in a course in conjunction with any of the
technologies listed in subparagraphs (B)(i) through (B)(iii) of this
paragraph.
The agency certifies that legal counsel
has reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on February 15, 2017
TRD-201700653 Kristen Worman
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 2, 2017
For further information, please call: (512) 936-3093
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